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HomeMy WebLinkAboutCC Res 1348 1964-12-07 .- ....~ ~ :.::. ....,,--:' I I I RESOLutION NO. ~ /'Jf!B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING PSRSONNEL RULES AND REGULATI01~. r _. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHE~~, the Civil Service Board of the City or Seal Beach has recommended the adoption or new Personnel Rules and Regulations pursuant to the Charter or the City or Seal Beach, and WHEREAS, the City Manager, acting as Personnel Ofricer, likewise recommends the adoption or new Personnel Rules and Regulations; NOW, THEREFORE. BE IT RESOLVED that the City Councilor the City or Seal Beach does hereby adopt the attached Personnel Rules and Regulations, marked Exhibit "A", as though rully set out at this point. PASSED. APPROVED, AND ADOPr~,.ihis 7th day or Dec., 1964. ATTEST: ~~~ C ty Clerk STATE OF CALIFORNIA ) COUNl'Y OF OOANGE ) SS CITY OF SEAL BEAC;q ) I, F. W. Hiokman, City Clerk of the City or Seal Beach hereby certiry that the roregoing resolution was adopted, passed, and approved by the City Councilor the City of Seal Beach at a meeting thereof held on the 7th day or December, 1964, by the rollowing vote: ?~~ ~ AYES: Counoilmen ~ ~/~Jl1o.-J NOES: Councilmen ~ ABSENt': Councilmen ~ k dI~~ CJ. ty ~rk . ,,, ~ y. . , \ '..Jo .. ~ .... .:.~ ; ,. ,. .,.... . "" $ ..--:~.,,-- , . , ~ ... ~ - - ~ .; w~:;:. ~~~ . ~. ~ _ ,.., ~ - . . -" ~ ......-~ ::... < - , - ,- , ' I I i'., -' fa~ "A" Resolution N~er CIVIL SERVICE BOARD p~n~01~EL RULES AND REGULATIONS RULE 1A - Purpose The objectives or these rules are to facilitate efficient and economical services to the public and to provide for a fair and equitable system of personnel management in the municipal government. These rules set forth in detail those procedures which insure similar treatment for those who compete for original employ- ment and promotion. and define the obligations, rights, p~ivileges. benefits and prohibitions which are placed on all employees in the competitive service of the City. At the same time. within the limits of administrative feasi- bility. recognition shall be given to the fact that individuals differ. that no two individuals react alike to rewal'd and discipline or to unifor.m motivation and encouragement. Fbr this reason. considerable latitude shall be given to the Personnel Officer in the execution of his duties and respon- sibilites relating to employee morale and discipline. RULE IB - Definition of Terms The following terms. whenever used in these rules, shall be construed as follows: Section 1. Advance~ent: A salary increase of one or more steps wi thin 11mi ts of' the pay runge established for a class. Section 2. Allocations: The assignment of a single position to its proper class in accordance with the duties performed, and the authority and respons1bilites excey'cised. Section 3. Avpointing Power: The City Manager or city council shall have the fjnal authority to make the appointment to the position to be filled. Section 4. Board: ~~e Civil Service Board established in pursuance of~he Charter creating the civil service system for the City. Section 5. Class: All positions sufficiently similar in duties. authority. responsibility. and working conditions to permit grouping under a common title and the application with equity of common standards of selection. transfer, promotion and salary. Section 6. Competitive Service: The positions and employ- ments which are includedor which may hereafter be included under the personnel system by Charter. - 1 - ,=.. - ,--.- '. I I Resolution Number The !'!.:'ii':j'~';~-'t. -::f an employee from one havir.:.3 b. !.tiWG:.'I n3lXim".Jm pa:t.. A person whose name is on an employ- Section 7. Demotion: class to another class Section 8. Eli~ible: ment list. Section 9. Enpl~ent List: A list of names of persons who have taken an ex nation for a class in the competitive service and passed, and are ranked on the list in the order of the score received. Section 10. Examination: (al Assembled examination: An examination conducted at a specified time and place at Which applicants are required to appear for competitive examination under the supervision of an examiner. (bl Unassembled examination: An examination con- sisting of an appraisal of training, experience, work history, or any other means for evaluating other relative qualifications of applicant without the necessity for his personal appearance at a specified place. Section 11. Permanent Employ-ee: An employee who has ","''' "" " 1'u1 )y comp.Let-e<rn:[s--prO'b"ut.:1 nlltill':f pArolod and has been retained as hereinafter provided in these rules. Section 12. Personnel System: Charter Article IX which creates a civ:!l service system for the City. Section 13. Probationary Period: A working test period during which an employee is required to demonstrate his fit- ness for the duties to which he is appointed by actual performancd of the duties of the position. Section 14. Promotion: The movemont of an employee from one position to another which is allocated to a class with a higher maximUIlI rate of pay. Section 15. Promotional List: An employment list resulting from a promotional examination. Section 16. Promotional Examination: An examination for a particular class. admission to the examination being limited to regular employees in the competitive service. Section 17. Provisional Appointment: An appointment acquired by a person who possesses the minimum qualifications estab- lished for a particular class and who has been appointed to a position in the absence of available eligibles. Section 18. Reduction: A salary decrease w 1thin the limits of the pay range established for a class. Section 19. Reinstatement: The reemployment without examination of a former permanent employee within two years following his resignation from the city service; such action must have the approval of the department head and the personnel officer. Section 20. Suspension: The temporary separation from the service of an employee without pay. for disciplinary purposes. Section 21. Temporary APiointment: An appointment of a person to a position of 1 mited duration. - 2 - - " . Resolution Number 1 Section 22. Trans~: A t>hani,e of en employee from one position to llnothel' p0sition in the same clf\sS or another class having essentially the s~;e m~cimum aalary limits, involving the performllnce of s~ilar dutiea and requiring substantially the same basic qualificationa. RULE 11. General Provisions Gection 1. Disclosure of religious or ~olitical af~iliAtj0P~: No question In. any test, in any appl1ca ion form. or :i:n-;;~~:--- other personnel proceedings, or by any ap~ointing authority. shall be so framed as to ~ttampt to elicit information con- cerning political or religious opinions or affiliations of an applicant or employee. No appointment to. or removal from. a position in the competitive service shall be affected or influenced in any manner by any political or religious. opinion or affililltion. Section Z. Violation of rules: Violation of the provisions of these rules shall be ground for dismissal, rejection, or suspension. Section 3. Amendment and revision of ru16s: Recommendations for amendment and revisions of these rules may be made by the Personnel Officer or tho 0:' v~.l Servico Board. Prior to consideration. any amendment or revision shall be publicly posted at such places as the City Council shall prescribe, for at least five consecutive days together with notice of the time, place, and date of hearings by the City Council. At the time of consideration. any interested person may appear and be heard. Amendments and revisions shall become effective upon adoption by the City Council following such hearing. RULE Ill. Civil Service Board 1 Section 1. Meetings: The Civil Service BOllrd shall hold regular monthly meetings ~t such time and place within the Ci ty as shall be designated 'Uj :;;1) C'.J.'J.l {'man of the Board. .. majority shall constitute a quorum fOl' tho transaction of business. Section 2. Puolic h~~ri~ Hearings conducted by the Civil Service Board shal~ public. unless the Board shall determine that a private hl;t.:.:>ing is necessary to secure all fllcts in the case. Whenever such a finding is made, the Board may limit attendance at the hearing to the members of the Board. the Personnel Officer. the u~?loyee requesting the hearing. the officer or officers from ~hose action the appeal was taken, and such witnesses and other persons as the Board may require to be present. The hearing need not be conducted according to technical rules relating to evidence and witnesses. RULE IV. Classification Section 1. Preparation of Plan: The Personnel Officer, or a person or agency employed for that purpose. shall ascertain - 3 - - 1 I t I Resolution Number c) and record the duties and respons~uilittes or all positions in the competitive service and, after consultation with appointing authorities and heads of departments affected, shall recommend a classirication plan ror such positions. The classi- rication plan shall consist or classos or positions in the competitive service derined by class specifications, including title, a description or typical duties and responsibilities of positions in each class, a statement of the training experience and other qualifications to be required or applicants for positions in each class. The classification plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character or work are included within the same class, and that the same schedules of compensation may be made to a pply with equity under like working conditions to all positions in the same class. Section 2. Ado~tion of Plan: Before the classification or any part thereo shall become effective it shall be submitted to the Civil Service Board for their consideration and recommenda- tion to the City Council . The City Council shall arrange ror the holding of one or more public hearings upon the plan. Notices or such hearings shall be posted in the manner prescribed hy the City Council, and the Council may, upon the completion of said hearing, make such chRnges or modirications of the plan as it shall deem warranted. Upon adoption by the Council by Resolution, the provisions of the classirication plan shall be amended or revised as occasion requires in the manner as originally established. Section 3. Allocation of positions: Following the adoption of the classirication plan, the Personnel Officer shall allocate every position in the competitive service to one or the classes established by the plan. Section 4. New Positions: When a new position is created, before the same may be filled, the appointing authority shall notiry the Personnel Officer, and, except as otherwise provided by Charter or these rules~ no person shall be appointed or em- ployed to fill any such position until the classification plan shall have been amended to provide therefor and an appropriate employment list has been established for such position. Section 5. Reclassifications: Positiona, the duties or which have changed materially so as to necessitate reclassirication, shall be allocated by .the Personnel Orficer to a more appropriate class, whether new or already created, in the same manner as originally classified and allocated. Reclassifications shall not be used for the purpose of avoiding restrictions surrounding demotions and promotions. - 4 - - Resolution Number .. RULE V. COMPENSATION I Section 1. Preparation of plan: The Personnel Officer or the agency employed for that purpose shall prepare a pay plan cover - ing all classes of positions in the competitive service. showing the minimum and maximum rates of pay. In arriving at such salary ranges. consideration shall be given to prevailing rates of pay for comparable work in other public and in private employment. including consideration of conditions of work as w~11 as basic pay; to current costs of living; to suggestions or department heads; and to the City's financial condition and policies. The Personnel Officer or the person or agency employed for that purpose shall thereafter make such further studies of the compensation plan as may be recommended by the Civil Service Board or requested by the City Council. Section 2. Ado~tion of plan: The Personnel Officer shall sub- mit the propose pay plan to the Civil Service Board for review. The Council shall adopt or wnend and adopt the proposed plan. Thereafter. no position shall be assigned a salary higher than the maximum or lower than the minimum salary provided for that class of position unless the salary schedule for the class is wnended in the swne manner herein provided for its adoption. I RULE VI. APPLICATIONS AND APPLICANTS Section 1. Announcement: All examinations for classes in the competitive service shall be published by posting announcements in the City Hall. on official bulletin boards. and in such other places as the Board deems advisable. The amnouncements shall specify the title and pay range of the class for which the examination is announced; the nature of the work to be performeq; preparation desirable for the performance of the work of the class; the dates. time. place and manner of making applications; and other pertinent information. Section 2. Axplication forms: Applications shall be made on forms provide by the Personnel Officer. Such forms shall re- quire information covering training. experience. and other pertinent information. and may include certificates of one or more examining physicians. a photogr~oh. references and finger- printing. All applications must be signed by the person applying. Section 3. Disqualification: The Personnel Officer shall reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications also shall bo rejected if the applicant is not a citizen of the United States. is physically unfit for the performance of duties of the position to which he see~s appointment. is addicted to the habitual excessive use of drugs or intoxicating liquor; has been convictod of a crime tnvo~ving mornl turpitude; has mllda any fnlsa stll.tomr- It of any material fact. or practices. or attempted to practica, any deception or -5- - Resolution Numb~~ fraud in his application. lIi~F.'n:- "(:1' un application is rejected, notice of such rejection, with ~tatement of reason shall be mailed to the applicant by the Fersonnel Officer. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving application has not expired. All applicants prior to appoint- ment shall sign the loyality oath of office, required by Article XX Section 3 of the Constitution of the State of California. I RULE VII. EXAMINATIONS Section 1. Nature and types of examinations: The selection techniques used in the examination process shall be impartial, of a practical nature and shall relate to those subjects which in the opinion of the Personnel Officer, fairly measure the re- lative capacities of the persons examined to execute the dutie~ and responsibilities of the class to which they seck to be appointed. Examinations shall consist of such recognized personnel selection techniques as achievement tests, aptitude tests, evaluation of personility and background through personal interviews, perfor.mance tests, evaluation of dailywork, per- formance, work samples, or physical agility tests or any com- bination of them. Section 2. Promotional examinations: Promotional examinations may be conducted whenever, in the opinion of the Personnel Officer, the needs of the service required. Promotional ex- aminations may include any of the selection techniques mentioned in Section 1 of this rule, or any combination of them. Only per.manent employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations. Section 3. Conduct of e~inations: The Personnel Officer shall recommend to the Civil Service Board the manner and methods and by whom exmninations shall be prepared and admin- istered. The City Council, upon recommendation of the Board may contract with any competant agency or individual for the perfor.mance by such agency or individual of the responsibility for preparing and administering examinations. The Personnel Officer may perfor.m perfor.m such duties when recommended to so do by the Civil Service Board. The Personnel Officer shall arrange for the use of public buildings and equipment for the conduct of examinations and shall render such assistance as shall be required with respect thereto. Section 4. Scoring examinations and qualifying scores: A candidate's score in a given examination shall be the average of his scores on each competitive part of the examination, weighted as shown in ~he examination announcement. Failure in one part of the examination may be grounds for declaring such applicants as failing in the entire examination or as dis- qualified for subsequent parts of any examination. The Per- sonnel OffIcer may, at his discretion, include as a part of the examination tests which are qualifying only. I - 6 - - Resolution Number Section 5. Notification of exam,~~a~ion results and review of papers.: Each cnadidate in an examination shall be given written notice of the results thereof, and if successful, of his final earned score and rank on the employment list. Any candidate shall have the right to inspect his own examination papers within thirty days after the notices of examination results were mailed. Any error in computation, if called to the attention of the Personnel Officer within this period, shall be corrected. Such corrections shall not, however, invalidate appointments previously made. 1 RULE VIII. EMPLOYMENT LISTS Section 1. Employment lists: As soon as possible after the completion of an examination, the Personnel Officer shall pre- pare and keep available an employment list consisting of the names of candidates who qualified in the examination, arranged in order of final scores, from the highest to the lowest qualifying score. The employment list shall then be submitted to the Civil Service Board for certification. Section 2. Duration of employment lists: Employment lists shall become effective upon the approval thereof by the Civil Service Board, and upon its certification that the list was legally prepared and represents the relative ratings of the persons whose names appear on it. Employment lists shall remain in effect for six months, unless sooner exhausted, and may be extended prior to their expiration dates, by action of the Board for additional six-months periods, but in no event shall an employment list remain in effect for more than two years. Section 3. Re-emPlo~ent lists: The names of probationary and permanent employees w 0 have been laid off shall be placed on appropriate re-employment lists in the order of their competency, from highest to lowest. Such names shall remain thereon for a period of two years unless such persons are sooner re-employed. When a re-employment list is to be used to fill vacancies, the Civil Service Board shall certify from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing power shall appoint such persons to fill the vacancies. Section 4. Ramoval of names from lists: The name of any person appearing on an employment, re-employment or promotional list shall be removed by the Personnel Officer if the eligible requests in writing that his n~~e be removed, if he fails to respond to a notice of certification mailed to his last known address, or if he has been certified for appointment three times and has not been appointed. The person affected shall be notified of the removal of his name by a notice mailed to his last known address. The names of parsons on promotional employment lists who resign from the service shall automatically be dropped from such lists. I RULE IX. METHOD OF FILLING VACANCIES Section 1. Types of appointment: All vacancies in the com- - 7 - .. Resolution Number I petitive service shall be filled ~y re-employment, reinstate- ments, transfer, demotion, or from eligibles certified by the Civil Service Board from an appropriate employment or promot- ional list, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be permitted in accordance with the Charter and these rules. Section 2. Notice to Personnel Officer: Whenever a vacancy in the competitive service is to be filled, the appointing power shall notify the Personnel Officer. The Personnel Officer shall advise the appointing power as to the availability of employees for re-employment, reinstatement, requests for tr~nsfe~s or demotion and of eligibles on employment or promotional lists for the class. Section 3. Certification of eli~ibles: The appointing power shall indicate whether it is des red to fill the vacancy by re-employmen~, re-instatement, transfer, or demotion, or whother certification from a promotional or omploymont list is porforx'ed. If appointment is to be made from an employment or promotiona~ list, the names of the top three persons shall be certified. If the appointing power is unable to appoint from the first three names he may request certification of the second group of three names. Section 4. Order of certification: Whenever certification is to be made, the omployment lists, if each exists, shall be used in the following order; re-employment list, promotional list, open-competitive list. Whenever there are fewer than three names on a promotional list or an open-oompetitive list the appointing authority may make an appointment from among suoh eligibles or may request the Civil Servioe Board to establish a new list. When so requested, the Board shall hold a new examination and establish a new employment list. Seotion 5. Appointment: After interview and investigation, the appointing power shall make appointments from wmong those certified, and shall immediately notify the Personnel Offioer of the person or persons appointed. The Porsonnel Offioer shall thereupon notify the person appointed, and if the applioant accepts the appointment and presents himself for duty within such period of time as the appointing authority shall presoribe he shall be deemed to be appointed; otherwise, he shall be deemed to have deolined the appointment. Seotion 6. Provisional or tem orar a absence of appropr a e emp oymen s s, a prov sional or temporary appointment may be made by the appointing authority of a person meeting the minimum training and experienoe qualifications for the position. An employment list shall be established within six months for any pormanent position filled by provisional or temporary appointment. The City Countil may, by a four-fifths vote, extend the period for any provisional or temporary appointment for not more than thirty days by anyone action. When a position is to be filled by provisional or temporary appointment, or a pro- visional or temporary appointment is to be extended, the Council shall direct the City Clerk to reoord suoh aotion in the I ~8- - Resolution Number minutes of the meeting of the Cc~ncil. No special credit shall be allowed in meeting any qualification or in the giving of any test or the establishment of any employment or promotional lists, for service rendered under a temporary appointment. Section 7. Emergency appointments: To meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake, which threatens public life or property, any legally competent officer or employee may employ such persons as may be needed for the duration of the emergency without regard to the personnel ordinance or rules affecting appointments. As soon as possiblo, such appointments shall be reported to the Personnel Officer. I RULE X. PROBA.TIONARY PERIOD Section 1. RQ~ular ap~ointment followin~ probationary period: All original and promo ional appointments shall be tentative and subject to a probationary period of not less than six months. The City Council may, by resolution, establish & longer probationary period for specified classes. The Personnel Officer shall notify the appointing authority and the probationer concerned two weeks prior to the termination of any probationary period. If the service of the probationary employee has been satisfactory to the appointing authority, then the appointing authority shall file with t he Personnel Officer a statement in w ri ting to such effect and stating that the retention of such employee in the service is desired. If such a ,statement is not filed, the employee will be deemed to be unsatisfactory and his employmont terminated at the expiration of th~ probationary period by the Personnel Officer. Section 2. Ob ective of robationar eriod: The probationary period shall e regarded as a part of the testing process and shall be utilized for closely observing the employee's work ~or securing the most effective adjust~~nt of a new emoloyep to his posi t.ion~ and for reJ ecti;:lG anl '..r.uba l "i,ana:>:>;; m,:;,;':"'oy&e whose performance does not meet the required standards of work. Section 3. Re ection of robationers: During the probationary period an employee may e re ec e at any time by the appointing power without cause and without the right of appeal. Notifi- cation of rejection in writing shall be served on the pro- bationer and a copy filed with the Personnel Officer. Section 4. He ection followin romotion:Any employee reject- ed during the pro at onary per 0 0 ow ng a promotional period by reason of failure of the appointing power to certify that his services have been satisfactory, shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged in the manner provided in the Charter and these mles for positions in the competitive service. RULE XI. LEAVES AND VACATIONS Section 1. All employees who shall have one year's continuous I - 9 - - Resolution Number I service immediately preceeding sh~ll be given a vacation of ten working days with pay each year in ~ddition to the holidays set forth. After one year's continuous service, employees shall earn 10/12 of one (1) day of vacation for each month of service. All employees who shall have ten years' continuous full-time service, or equivalent, immediately preceding, shall be given a vacation of fifteen working days with pay each year in addition to the holidays set forth. Those employees entitled to 1$ work- ing days vacation shall earn 1 1/4 vacation days per month. As used in this section, the word equivalent shall mean any com- bination of full-time and part-time employment equivalent to $20 weeks of continuous service. Employees shall gain entitle- ment to fifteen working days' vacation through a combination of full-time and part-time employment only if they are current- ly employed in a full-time status. The times during 0. calendar year at which an employee may take his vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. If the requirements of the service are such that an employee must defer part or all of his annual vacation in a particular calendar year, the appointing authority may permit the employee to take such deferred vacation during the follcwing calendar year. No employee may accum111ate more than 1$ working days of vacation leave. Any eligible employee, with the consent of the head of his department, may defer five ($) working days of his annual vacation to the suceeding calendar yoar, subject to the other provisions of this rule. A written report of each deferred , vacation, signed by the proper depaDtment head. noting the details, shall be kept on file with the Personnel Officer. In the event one or more municipal holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave. and the vacation leave shall be extended accordingly. Employees who ter.minate employment shall be paid in a lump sum for all accrued vacation leave earned prior to the effective date of ter.mination. No such payment shall be made for vacation accumulated contrary to the provisions of these rules. Section 2. Sick Leave: Sick leave with pay shall be granted by the appointing authority at the rate one work day for each calendar month of service. Sick leave shall not be considered as a privilege which an employee may use at his discretion. but shall be allowed only in case of necessity and actual sickness or disability. Unused sick leave shall be accumulated at the rate of twelve days a year to a total of not more than one hundred work days. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the Personnel Officer prior to, or within four hours after the time set for beginning his daily duties. or as may be specified by the head of his department. Sick leave .' .. -' I - 10 - ... Resolution Numb~r I shall be charged at the r~te of ono d~y for each work day an employee is absent on sl~k leave, absences of one-half day or less shall be charged at the rate of one-half day against the employee's total. When absence is for more than three working days, the employee shall file on his return to work a physician's certificate with the Personnel Officer, stating the cause of the absence and showing the period of absence under a physician's care. Whenever an employee receives Workmen's Compensation under authority of the laws of the State of California, the sick leave with pay allowed to such employee shall begin with the first day he is absent from duty because of injury, and con- tinue until the first day for which he is paid compensation from the insurance fund. Deduction shall be made from hi~ accumulated sick leave for the period of time he is paid full salary by the City while he is absent from duty. For the limited remaining duration of time he receives Workm n's Compensation for total temporary disability he shall be paid the difference between his regular salary and the amount of Workmen's Compensation he receives. No deduction shall be made from the acc~~ulated sick leave for such payment. Payment of such difference shall not continue for more than six month$ because of anyone injury. Section 3~ Military leave: Military leave shall be granted in accordance with the provisions of state law. All employee$ entitled to military leave shall give the appointing powcr an opportunity within the limits of military regulations to de- termine when such leave shall be taken. Military reserve leave not to exceed fourteen calendar days shall be granted by the appointing authority. Section 4. Leave of absence: The City Council may grant a ,. . permanent employee leave of absence without pay for not to exceed one year. No such leave shall be granted except upon written request of the employee. Approval shall be in writing and a copy filed with the Personnel Officer. Upon expiration of a regularly approved leave, or within 10 days after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of any employee on leave to report promptly at its expiration, or within 10 days after notice to return to duty, may be cause for discharge. Section 5. Hours of work: All offices of the City, except those fer whIClii9pecIaI regulations are required, shall be kept open for business on all days of the year except Saturdays, Sundays, and holidays continuously from 8:00 a.m. until 5:00 p.m. Employees shall be required to work a minimum of 40 hours per week. Employees for Whom necessity requires a different schedule than that generally applied, shall work according to regulations prepared by the respective super- vising official. Section 6. Attendance: Employees shall be in attandance at their work in accordance with the rulea regarding hours of I - 11 - - Resolution Number 1 work, holidays, and leaves. All Q6partments shall keep daily attendance records of employees which shall be reported to the Personnel Officer in the form and on the dates he shall specify. Failure on the part of an employee, absent without leave, to return to duty within 24 hours after written notice to return shall be cause for immediate discharge. Section 7. Holidays: All employees shall be granted a holiday on the following legal holidays: New Year's Day, Washinton's Birthday, Memorial Day, Independence Day, Labor Day, Admission Day, Veterans' Day, Thanksgiving Day, Christmas Day, Good Friday from 12 Noon until the hour of 3;:00 p.m. When a holiday falls on Sunday, the following Monday shall be observed. RULE XII PAY ADJUSTMENTS Section 1. Applications of rates: Employees occupying a position in the competitive service shall be paid a salary or wage within the range established for that position's class under the pay plan as provided by Rule V. The minimum rate for the class generally shall apply to employees upon original appointment. However, the appointing authority may, when circumstances warrant, appoint at other than the first step. Officers and employees re-employed after lay-off shall receive a rate within the range extablished for the class and agreed upon by the appointing power and the employee concerned. Transfers shall not affect an employee's salary. Section 2. Advancement: No salary advancement shall be made so as to exceed the maximum rate ostablished in the pay plan f0r the class to which the advanced employee r s position is allocated. Review for advancements shall be automatic. Advancement shall depend on increased service value of an employee to the City as exemplified by recommendations of his supervising official, length of service, perfo~ance record, special training undertaken, or other pertinent evidence. I RULE XIII. TRANSFERS, PROMOTIONS, DEMOTIONS, AND SUSPENSIONS Secti0n 1. Transfer: After notice to the Personnel Officer, an employee may be transferred by the appointing power at any time from one position to another position in the same or comparable class. If the transfer inv01ves a change from the jurisdiction of one supervising official to another, both must consent thereto unless the City Council orders the transfer for purposes of economy or efficiency. Transfer shall not be used to effectuate n promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the City Charter and in these rules. No person shall be transferred to a position for which he does not possess the minimum qualifications. Section 2. Promotions: Insofar as practicable and consistent with the best interests of the municipal service, all vacancies in the competitive service Shall be filled by promotion from within the competitive serVice, after a promotional examination has been give~ ~nd a pr?motional list ~stablished. ..... - a _,__ _...._ ..._..... .............., '. .........-a " ........ ,..f' ",""'lI.,..,."',..n -12 - - Resolution Number ., I If, in the opinion of the Personnel Officer or the Civil Service Board, a vacancy in the position could be filled better by an open, competitive examination instead of a closed, promotional examination, then the appointing power may instruct the Personnel Officer to call for applications for the vacancy and arrange for an open, competitive exami- nation and for the preparation and certification of an eligible list. Section 3. Demotion: The appointing power may demote an employee whose ability to perform his required duties falls below standard, or for disciplinary purposes. No employee shall b~ demoted to a position for which he does not possess the minimum qualifications. Written notice of the demotion shall be given the employee three days before the effective date of the demotion, and a copy filed with the Personnel Officer. Section 4. Suspension: Department heads may suspend a subordinate employee for not mOl'e than three working days at anyone time, and not more frequently than one such suspension in a thirty-day period, for disciplinary purposes only. Suspensions shall be reported i~edjately to the Personnel Officer by the appointing power or department head. Any second three-day suspension within a six-month period may be appealed. The appointing power may suspend an employee from his position at any time for the good of the service, for a disciplinary purpose, or for other just cause. Suspension without pay shall not exceed thirty days, nor shall any employee be pena- lized by suspension for more than thirty days in any fiscal year. RULE XIV. SEPARATION AND REINS;rI.~ill'IL!lNT Section 1. Dischar~e: An employee in the competitive service may be discharged a any time by the appointing power. Whenever it is the intention of the appointing power to discharge an employee in the competitive service, the Personnel Officer shall be notified. Any employee who has been discharged shall be entitled to receive a written statement of the reasons for such action and to a hearing if he so requests, as pro- vided in the City Charter and these rules. Section 2. Lay-off: The appointing power may layoff an employee in the competitive service because of material change in duties or organization or shortage of work or funds. Ten working days before the effective date of a lay-off, the appointing authority shall notify the Personnel Officer of the intended action with reasons therefor, and a statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice shall be given the employee affected. The name of the employee laid off shall be placed on the appropriate employment list as provided by these rules. Upon the request of the employee, with consent of the prospective supervising official, demotion may be made to a vacant position as substitution for lay-off. I l.J - - Resolution Number . ' '. I Seotion 3. Resi~nation: An employee wishing to leave the oompetitive serv oe in good standing shall file with the supervising offioial at least two weeks before leaving the servioe, a written resignation stating the effeotive date and reasons for leaving. The resignation shall be forwarded to the Personnel Offioer with a statement by the appointing power or department head as to the resigned employee's servioe perfor.manoe and other pertinent infor.mation oonoerning the oause for resignation. Failure to oomply with this rule shall be entered on the servioe reoord of the employee and may be, oause for denying future employrr~nt by the City. The resignation of an employee who fails to give notioe shall be reported to the Personnel Offioer by the department head immediately. Seotion 4. Reinstatement: With the approval of the appoint- ing power, an employee who has resigned with a good renord may be reinstated within two years to his former position, if vaoant, or to a vaoant position in the same or oomparable olass. Reinstated employees shall be o~nsidered as new employees:. I RULE XV. APPEALS AND HEaRINGS Seotion 1. Appeals: Any employee in the oompetitive servioe shall have the right to appeal to the Civil Servioe Board relative to any disoiplinary aotion, dismissal, demotion, or alleged violation af the City Charter or rules, exoept in instanoes where the right of appeal is prohibited by the City Charter or these ru1Bs. Theemployee may file a oomplaint in writing with the Personnel Offioer. It shall be the duty of the Personnel Offioer to inform eaoh of the members of the Civil Servioe Commission and the appointing power or other person oomplained against of the filing of the oomplaint. Seotion 2. Investigations and Hearings: Upon the making of any appeal, the Civil Servioe Board shall make suoh investi- gation as it may deem neoessary. The hearing authorized by the Charter shall be held within twenty days after the request for the hearing was made. In all hearings the applioable provisions of the Charter shall apply. Whenever a hearing on any appeal is to be held, the Personnel Offioer shall notify the person requesting the hearing and the appointing power or other offioer from whose aotion the appeal is being taken, of the date, time and plaoe of the hearing and shall publioly post at such plaoes as the Board shall presoribe, a notioe of the date, time and plaoe of the hearing. Unless inoapaoitated, the person making the complaint shall appear personally before the Civil Servioe Board at a hearing, and he may be represented by any person or attorney he shall seleot. Upon the oonolusion of any investigation or hearing, the Board shall oause its findings and reoommendations to be - 14 - .- Resolution Number '. . prepared in writing and shnl\ CE":t.~fy the same. Such findings shall be countersigned and filed as a permament record by the Personnel Officer. The fersonnel Officer shall deliver a certified copy of such findings and recommendations, to the employee affected and to the person from whose action the appeal was taken. Any member of .the Civil Service Board may submit a minority or supplemental report which shall be filed as a permanent record by the Personnel Officer. If, due to the absence from the City, or illness or disability of a majority of the Board, any employee who would be deprived of the right of a hearing by the Board, in the event he were laid off, demoted, reduced, or discharged, the appointing power shall defer action until the Board is able to function, unless the case be an emergency, in which event the appointing power may suspend the employee until the Board is able to function. RULE XVI. TRAINING OF EMPLOYEES Section 1. Responsibility for Training: Responsibility for developing training programs for employees shall be assumed jointly by the City Council, the Personnel Officer, and department heads. Such training programs may include lecture courses, demonstrations, attendance at conventions, assignment of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the per- formance of their respective duties. Section 2. Credit for Training: Participation in and success- ful completion of special training courses may be considered in making advancements and promotions. Evidence of such activity shall be filed by the employee with the Personnel Officer. I RULE XVII. REPORTS AND RECORDS Section 1. Roster Cards: The Personnel Officer shall maintain a service or roster card for each employee in the service of the City showing the name, title of position held, the depart- ment to which assigned, salary, changes in employment status, and such other information as may be considered pertinent. Section 2. Change of Status Report: Every appointment, transfer, promotion, demotion, change of salary rate, and any other temporary or permanent change in status of employees shall be reported to the Porsonnel Officer in such manner as may be prescribed by these rules and regulations. Section 3. Destruction of Records: Roster and payroll records shall be kept permanently. All other records relating to personnell, including correspondence, applications, examinations, and reports may be destroyed after five years. Any temporary record may be destroyed at any time by the Civil Service Board with the consent of the City Council and the City Attorney. - 15 - - . , l Resolution Number , I RULE XVIII. OVERTIME Section 1. Overtime P~: In lieu of compensatory time off, overtime may be compensated at the rate of 'straight time when authorized by the department haad And approved by the City Manager. Compensatory time off at the rate of straight time shall be authorized in lieu of pay by the department head and approved by the City Manager. RULE IXX. RESIDENOE R~UIREMENTS. Section 1. Condition 0 Employment. Residence within the city limits shall not be a requirement of employment unless specified in the job announcement as determlned by the Civil Service Board. Section 2. Emer enc Service Personnel. Police, fire and all other emergency personne save within twenty (20) minutes driving time of the City Hall. The department head shall approve and certify to the Personnel Officer all driving times of emergency personnel. RULE XX. OUTS IDE EMPLOYMENT Section 1. Outside Employment: All full-time employees having or accepting a second job of any type shall have such employment approved by the department haad and the Personnel Officer. No employee shall be allowed to hold a second job which may interfere with the execution of his municipal employment. RULE XXI. JURY DUTY. SECTIONl. Pay: Any officer or employee of the City who is duly summoned to attend any court during the time regularly required for his office or employment for the purpose of jury service shall be entitled to his regular componsation while so actually serving, providing the fees, except mileage or subsistence allowances, which he receives as a juror are remitted to the City Treasurer. I RULE XX1:L. EMPI,OYMENT OF RELATIVES AND MARRIED PERSONS Section 1. No husband and wife; father, son, or daughter; mother, son, or daughter shall be employed in the same municipal department. RULE XXlll. 1 16...